S v Moyo (HCB 103 of 2003) [2003] ZWBHC 75 (25 June 2003)

S v Moyo (HCB 103 of 2003) [2003] ZWBHC 75 (25 June 2003)

The applicant gave conflicting statements regarding his involvement in the offence, undermining his credibility and failing to discharge the onus of showing he would stand trial if released on bail. The court found that his lack of candour justified refusal of bail.

Citation
[2003] ZWBHC 75
Parties
Applicant: Brian Moyo; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
25 June 2003
Case Number
HCB 103 of 2003
Procedural Posture
Bail Application / Judgment
Outcome
Application for bail dismissed
Legal Topics
Bail, Presumption of Innocence, Credibility of Accused, Doctrine of Recent Possession
Source Language
English
Criminal Law Constitutional Law Bail Presumption of Innocence Credibility of Accused Doctrine of Recent Possession

Case Brief

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Parties

Brian Moyo

Applicant

The State

Respondent

Procedural Posture

Bail Application / Judgment

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial
  2. 2 Whether the applicant is likely to abscond if released on bail

Ratio Decidendi

The applicant gave conflicting statements regarding his involvement in the offence, undermining his credibility and failing to discharge the onus of showing he would stand trial if released on bail. The court found that his lack of candour justified refusal of bail.

Court Disposition

Application for bail dismissed

Orders

  • Bail application is dismissed.